Federalism, the Tenth Amendment, and the Legal Profession: The Power of a Federal Judge to Restrain a Convicted Attorney, as a Condition of Probation, from Practicing in the State Courts

This article examines the power of a federal judge, when sentencing an attorney who has been convicted of a federal felony to a term of probation, to order that the attorney refrain from engaging in the practice of law in the state courts. The article’s purpose is to analyze the resulting problems and controversy and to reach a conclusion that is consistent with both the tenth amendment and the concept of federalism. I. Introduction II. Social Policy Analysis III. Constitutional Analysis … A. Displacement of State Authority … B. Tenth Amendment Analysis … C. Federalism Analysis … D. Federal Regulation of the Legal Profession … 1. Implementation of Constitutional Requirements … 2. Regulation of the Profession as an Economic Entity … E. Summation IV. Conclusion